"It appears to be an accident. A child fell out of a window, and he's at the hospital now being treated," said Lt. Michael Noto about an hour after the incident. "At this point, it doesn't seem like serious injuries."

The toddler was conscious and awake when he was transported to the hospital, said Noto.

Other responders noted that the child was crying.

Joe Perry, who lives next door to the beige duplex on a small side street tucked behind the new luxury high-rises being built in the Harbor Point complex, said he saw the little boy fall from a side window, landing on the gravel below.

Perry said he saw the little boy's older brother push up the casement window, and a moment later, the young child was on the ground.

"I looked, and I saw the baby got up and was walking around," said Perry, who added that he looked dazed. "His mama went running and picked him up and went running in the house."

Perry said he saw three drops of blood on the child's head.

The toddler's mother, who refused to give her name, disputed that her older son opened the window and said it was just an accident.

"God saved my child," the mother said. She said her son cut his tongue in the fall, but suffered no cuts or bruises and was home laughing and smiling.

The child, whose name is not being released by police, has been playing with the window for a couple days, according to neighbors.

"Yesterday I told them to get him away from there. Because he just kept pushing on the window, pushing on the window, lifting it up. I told the brothers that he's going to fall out and it happened," said Denaizcha Murrell, 20, whose grandmother lives next door to the home where the accident happened. "Oh my gosh."

While the case was still active late Tuesday morning, Noto said he did not think any charges would be filed. The case was referred to the state Department of Children and Families.